Disposed

Smt. Reshu and 2 Ors. v. State of U.P. and 3 Ors.

Allahabad HC26 Apr 2018CRLP/833/2018

Case brief

AI extract

What is this about?

Petitioner couple filed a writ petition to quash an FIR registered against them regarding child sexual offences under the POCSO Act. The court disregarded the criminal nature due to marital consent and directed non-alteration of the police investigation process.

What did the court decide?

Coercive action stayed till police report under Section 173(2) Cr.P.C.; investigation to be conducted fairly within three months; ambit revived if report submitted.

Smt. Reshu and 2 Ors. Vs State of U.P. and 3… — Child Sexual Offences (POCSO) | Allahabad HC (2018)

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Court No. - 51

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Case :- CRIMINAL MISC. WRIT PETITION No. - 833 of 2018

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Petitioner :- Smt. Reshu And 2 Ors. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Ravindra Pratap Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Sinha,J. Hon'ble Mahboob Ali,J.

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Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record.

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This writ petition has been filed for issuing a writ order or direction in the nature of certiorari quashing the impugned FIR registered as Case Crime No. 0853/2017, u/s 363, 366 IPC & 3/4 of POCSO Act, P.S. Modi Nagar, district Ghaziabad.

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With the consent of learned counsel for the parties, the instant writ petition is being disposed of.

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In view of the office report, service of notice upon the private respondent is deemed to be sufficient.

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Perusal of the record shows that petitioner nos. 1 and 2 are major and they have solemnized their marriage out of their own sweet will without any fear, threat and coercion and they are living happily as husband and wife and in view of this matter an interim order was passed by another Bench of this Court.

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In view of the facts and circumstances of the case and also keeping in view the law as laid down by the Apex Court while deciding Criminal Appeal No. 1142 of 2013 - Sachin Pawar Vs. State of U.P. , decided on 02.08.2013 , no purpose would be served in keeping the matter pending before this Court. Accordingly, the present writ petition is being disposed off finally with the following directions:-

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(a) Till the submission of police report under Section 173(2) Cr.P.C., no coercive action shall be taken or initiated against the petitioners, however they shall participate and cooperate with the investigation;

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(b) Copy of this order shall be forwarded to the concerned SSP/SP through the office of Government Advocate of this Court, who shall personally look into the matter and thereafter shall ensure that fair investigation is done in accordance with law without any whims, caprice or personal notion of morality;

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(c) The police authorities are directed to investigate the matter fairly, expeditiously and submit the report as per the provisions of the Code of Criminal Procedure and in accordance with law preferably within a period of three months from today keeping in view the law as laid down by the Division Bench of this Court (Lucknow Bench) rendered in the cases of Vishal Jaiswal And Another v. State of U.P. and Others passed on 26.8.2016 in Misc. Bench No. 10724 of 2016 and Shaheen Parveen And

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Another vs. State of U.P. and Orthrs passed in writ petition no. 3519 (M/B) of 2015 and by the Apex Court in the cases of Lata Singh vs. State of U.P. and another, reported in 2011 (6) SCC 396 (2014) and Shakti Vahini vs. Union of India passed in writ petition (civil) no. 231 of 2010.

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(d) Liberty is also given to the respondents that if anyone of them has any grievance with this order, he/she may move recall application in the present proceedings itself;

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(e) It is also being made clear that if the investigation has been completed and the police has already submitted report under Section 173(2) Cr.P.C., the present order will not be given effect to.

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The writ petition, accordingly, stands disposed off finally.

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Order Date :- 26.4.2018 Anand

Smt. Reshu and 2 Ors. v. State of U.P. and 3 Ors.

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Smt. Reshu and 2 Ors. v. State of U.P. and 3 Ors.

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